September 23, 2008

A regularly scheduled meeting of the Wantage Township Land Use Board was held on Tuesday, September 23, 2008 at the Wantage Township Municipal Building. The meeting was held in compliance with the provisions of the Open Public Meetings Act, Public Laws 1975, Chapter 231. The meeting was properly noticed and posted to the public.

ROLL CALL
PRESENT: Mssrs. Cecchini, DeBoer, Gaechter, Grau, Hough, Smith, Slate, Cillaroto. Mmes. Mylecraine, Gill, Kanapinski. Zoning Official Kevin Kervatt, Attorney Glenn Kienz, Engineer Harold Pellow.
ABSENT: Mssrs. Bono, Vander Berg.

Chairman Smith asked everyone to observe a moment of silence in memory of Mr. William Nestor.

APPROVAL OF MINUTES

Mr. DeBoer made a motion seconded by Mr. Slate to adopt the minutes of August 26, 2008.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, DeBoer, Gaechter, Hough, Slate, Gill.
ABSTAIN: Kanapinski.
THOSE OPPOSED: None. MOTION CARRIED.

RESOLUTIONS

L-13-2007 CHRISTIAN LEONE PROPERTIES I, LLC

Mr. DeBoer made a motion seconded by Mr. Cecchini to adopt the resolution memorializing the Board’s decision of August 26, 2008 granting extension of minor subdivision approval to Christian Leone Properties I, LLC for Block 1.02, Lot 8, as shown on the Tax Map of the Township of Wantage located on State Highway Route 284, in the R-E Residential Environs Zone, pursuant to N.J.S.A. 40:55D-47(f), subject to the following terms and conditions:

1. The extension granted shall be effective as of August 26, 2008.
2. The extension granted herein shall expire on November 1, 2008.
3. All terms and conditions of the Board's previous Minor Subdivision Resolution of approval unless amended herein, shall remain in full force and effect.
4. Subject to all other applicable rules, regulations, ordinances and statutes of the Township of Wantage, County of Sussex, State of New Jersey, or any other jurisdiction.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, DeBoer, Gaechter, Hough, Slate, Gill, Kanapinski.
THOSE OPPOSED: None. MOTION CARRIED.

L-17-2008 TOWN CENTER AT WANTAGE, INC.

Mr. Cecchini made a motion seconded by Mr. Slate to adopt the resolution memorializing the Board’s decision of August 26, 2008 granting minor subdivision approval to Town Center at Wantage, Inc. for Block 4.01, Lots 1.07 and 1.08 as shown on the Tax Map of the Township of Wantage, located on Route 23 in the Industrial Zone, pursuant to N.J.S.A. 40:55D-47, subject to the following terms and conditions:

1. This application is approved subject to the Applicant filing Deeds memorializing the approved subdivision.
2. Prior to the issuance of any construction permit, the Applicant shall file with the Board and Construction Official an affidavit verifying that the Applicant is in receipt of all necessary agency approvals other than the municipal agency having land use jurisdiction over the application and supply a copy of any approvals received.
3. Payment of all fees, costs, escrows due or to become due. Any monies are to be paid within twenty (20) days of said request by the Board’s Secretary.
4. Certificate that taxes are paid to date of approval.
5. Sussex County Planning Board approval.
6. Subject to all other applicable rules, regulations, ordinances and statutes of the Township of Wantage, County of Sussex, State of New Jersey, or any other jurisdiction.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, DeBoer, Gaechter, Hough, Slate, Gill, Kanapinski.
THOSE OPPOSED: None. MOTION CARRIED.

APPLICATIONS

L-37-2004 BRUCE MORSE

Mr. Smith announced that this application was being carried to the October 28, 2008 meeting with no further notice required, due to a conflict with the submittal time of the revisions.

L-6-2008 P.S., LLC (MAGARINO) The applicant was granted a “C” variance and site plan approval to replace one existing freestanding sign with a new freestanding sign at the existing car dealership on June 17, 2008. The property is known as Balk. 3, Lot 49 and is located on Route 23 in the HC zone

Engineer Ken Wentink appeared before the Board on September 23, 2008 for clarification of the resolution. The application and plans clearly showed a sign totaling 88 square feet including space for lettering of 38 square feet. Mr. Kienz and Mr. Smith explained that a misunderstanding occurred when making reference to the size of the sign.

Mr. Cecchini made a motion seconded by Mr. Hough to modify the resolution to show the correct size of the sign.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, Gaechter, Hough, Slate, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

The applicant requested waiving receipt of the resolution prior to issuance of a Building Permit. All the Board members were in agreement.

L-22-2004 MOUNTAINVIEW MANOR The applicant is requesting an extension of use variance and site plan approval for Balk. 4, Lot 1.01. The original approval was granted August 17, 2004 and memorialized on September 21, 2004.

Attorney Thomas Molica and Mr. John Maione appeared before the Board. Mr. Molica explained that Mr. Maione is seeking a three (3) year extension of his approvals due to the current market situation. The requested extension is to expire on September 21, 2010.

Mr. Slate made a motion seconded by Mr. Grau to grant the requested extension.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, DeBoer, Gaechter, Grau, Hough, Slate, Mylecraine, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-23-2004 VALLEYVIEW MANOR The applicant is requesting an extension of use variance and site plan approval for Balk. 4, Lot 1.06. The original approval was granted August 17, 2004 and memorialized on September 21, 2004.

Attorney Thomas Molica and Mr. John Maione appeared before the Board. Mr. Molica explained that Mr. Maione is seeking a three (3) year extension of his approvals due to the current market situation. The requested extension is to expire on September 21, 2010.

Mr. Cecchini made a motion seconded by Mr. DeBoer to grant the requested extension.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, DeBoer, Gaechter, Grau, Hough, Slate, Mylecraine, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

Mr. Kienz informed Mr. Maione that he will meet with Mr. Maione’s attorneys in order to clarify the approvals for Town Center. This issue will be scheduled for the next meeting, October 28, 2008, if necessary.

L-24-2007 MARUTI SWAMI, II, LLC (QUICK STOP DELI) The applicant is seeking Preliminary and Final Site Plan approval with “D” variance to allow the expansion of an existing non-conforming mixed-use building with commercial on the ground floor and apartments on the second floor. The property is known as Balk. 7, Lot 19.01 and is located on Route 23 in the HC zone.

Attorney Martin Vander Heide, Engineer Ken Wentink and owner Mr. Asutosh Desai appeared before the Board.

The professionals reminded the Board and the public that a “D” variance was granted at the July 22, 2008 hearing.

Mr. Pellow’s office prepared a landscape plan which was given to Mr. Wentink. Mr. Wentink stated that he was in touch with Mr. Pellow’s office regarding the drainage issues.

Mr. Pellow indicated that Mr. David Troast needed to review the signage and the façade design. It was discussed that a variance for front yard setback was not necessary.

There was no one from the public wishing to come forward on this application.

It was discussed that the applicant was seeking Preliminary and Final Site Plan approval. It was discussed granting Preliminary Site Plan. The applicant has requested carrying the Final Site Plan application to the July 2009 meeting with no additional fees required.

A discussion followed regarding the proposed signage. The Board decided to make it a condition of approval.

Mr. Cecchini made a motion seconded by Mr. Grau to grant height variance along with Preliminary approval subject to review of signage and architectural design by Mr. David Troast, subject to Mr. Pellow’s report and carrying the Final part of the application to the regularly scheduled meeting of July 2009.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, DeBoer, Gaechter, Grau, Hough, Slate, Mylecraine, Gill, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

L-10-2008 CHAMPAGNE RIDGE (CARROLL QUINN) The applicant is seeking Preliminary Major Subdivision approval of 90.635 acres into thirteen (13) residential lots. The property is known as Balk. 113, Lots 2.01 & 2.03 and is located on Fernwood Road in the RE-5 zone.

Engineer Ken Dykstra and Mr. Carroll Quinn appeared before the Board.

Mr. Dykstra indicated that the issues that were discussed at the July 22, 2008 hearing were revised as follows:

1. The road will not be private. The road will be a public route dedicated to the Municipality.
2. The discharge pipe will be moved from Lot 2.14 to Lot 2.13 to address the concerns of the adjoining property owner.
3. A traffic study was submitted to the Board.

A discussion followed regarding the applicant’s payment of Road Trust Fund and improvement of the road or payment of off-site improvements. Mr. Pellow’s report dated September 22, 2008 showed a total sum of $41,412.00. Mr. Quinn agreed to pay the $41,412.00 for road improvements. This amount will be payable prior to the final maps being signed.

Ms. Mylecraine stated that although she understood the applicant’s point of view and the business end, she did not have a lot of sympathy for someone coming in and making a lot of money resulting in crowded schools, crowded roads, basements get filled up, less water in the ground. She stated that she understood each person’s right to do what they wanted to do with their property.

Variances will be required for Lot 2.01 accessory structure in the front yard, Lots 2.01, 2.04 and 2.10 less than 20,000 sq.ft of non- constrained land and variances for lot size, lot depth, and front yard setback for Lot 2.04.

The applicant intends to install entrance pillars. Two pictures were given to all members of the Board showing the entrance pillars and stone walls to be installed. The Board liked the design. The pillars, with a wrought iron gate-like displaying the initials CR (for Champagne Ridge) on them, will be placed at an angle between the area of the COAH house and the first house. These will be maintained by the homeowner’s association.

Ms. Kanapinski asked if the issues about this property being part of Lake Neepaulin had been resolved. Mr. Smith stated that he researched it and this property has never been a part of the lake community.

There was no one from the public present on this application.

Mr. Cecchini made a motion seconded by Mr. Grau to grant preliminary site plan approval subject to Mr. Pellow’s report.

ROLL CALL VOTE:
THOSE IN FAVOR: Cecchini, DeBoer, Gaechter, Grau, Hough, Slate, Gill, Kanapinski, Smith.
THOSE OPPOSED: None. MOTION CARRIED.

GENERAL

Mr. Smith stated that Tennessee Gas Pipeline is extending their 30” pipe alongside their existing pipe between Lower Unionville Road and Route 284. The current compression will be increased in horsepower. Mr. Pellow was asked to review the paperwork that was sent to the Board to find out the impact of said proposal.

Mr. Smith informed the Board that a site walk was held for Mr. Scala’s property on Bassett’s Bridge on September 15, 2008. He indicated that Mr. Vander Berg will do a site walk and make a recommendation. He stated that this issue might be pushed back to the Board at some point as the accessory structures have some issues.

Mr. Smith announced that Mr. John Maione has extended an invitation to the Land Use Board to attend the ribbon cutting ceremony for Kiddie Academy on Saturday, September 27, 2008 at 1:00 p.m.

Mr. Smith informed the Board that member Mike Cecchini attended a Planned Endorsement Seminar. Mr. Cecchini stated that he learned that we are not required to do this but we should be doing it and up to $2 million dollars per year have been allocated for this purposed. Mr. Smith stated that the Township has already established a committee and they are up to Phase 4.

Mr. Harold Pellow stated that he received correspondence from Mr. Richard Clark’s office regarding COAH. The plan must be submitted by December 31, 2008.

ADJOURNMENT

On a motion duly made seconded and carried, the meeting was adjourned at 9:00 p.m.

Respectfully submitted,
Stella Salazar
Secretary